A Del. state court upheld a 2003 local zoning ruling that denied ...
A Del. state court upheld a 2003 local zoning ruling that denied Cingular (now AT&T) a variance to build a 150-ft. wireless communications tower on a 13-acre plot zoned for low-density-residential use near the town of Ocean View, on…
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esthetic grounds. The Del. Superior Court said the Sussex Board of Adjustment had no factual basis to favor Cingular because Cingular failed to present persuasive rebuttals to neighbors’ objections that the tower would be an eyesore adversely affecting their property values. The court said Cingular relied on 2 old studies from out-of-state describing land-value situations that weren’t comparable to the case at issue, and chose not to hire local experts to assess the tower’s impact on the neighbors’ land values.